계약무효확인
All appeals filed by the Plaintiff (Counterclaim Defendant) regarding the principal lawsuit and counterclaim are dismissed.
Expenses for appeal shall be principal lawsuit and counterclaim.
1. The reasons for the court's explanation concerning this case are as follows: (a) the admitting the first instance court's 2nd 2nd Had 5th Had Had 4th Had Had Had Had 5th Had Had Had Had Had Had Had 4th Had Had Had 4th Had Had Had Had 5th Had Had Had 1st 5th Had Had 1st 6 through 7th Had 12th Had Had Had Had 12th Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had 2008.
However, Article 5 of the instant sales contract provides, “Before the Defendant, the buyer, pays the intermediate payment to the Plaintiff, the seller shall reimburse the down payment, and the buyer may waive the down payment and rescind the instant contract.” The Plaintiff sent L and K with content-certified mail, accompanied by his/her expression of intent to refund the down payment, with the intention to deposit the down payment, pursuant to the said provision.
Therefore, the instant sales contract was legally rescinded as the Plaintiff’s declaration of intent to rescind.
(The plaintiff supplemented and added the above argument in the trial). (b) The limitation of Article 565 of the Civil Code to the time of the exercise of the right of rescission is made by one of the parties until the commencement of the performance.